[Ord. No. 1222 § 1, 7-5-2016]
For the purposes of this Chapter, the following terms shall have these prescribed meanings:
- BULK CONTAINER
- Any detachable metal container designed or intended to be mechanically dumped into the packer type garbage truck used by the trash collector and varying in size from one (1) to eight (8) cubic yards.
- BULKY GOODS/FURNITURE
- Non-putrescible solid wastes consisting of combustible and/or non-combustible waste materials from dwelling units, commercial, industrial, institutional, or agricultural establishments which are either too large or too heavy to be safely and conveniently loaded by one (1) person in solid waste transportation vehicles, but does not include items that may not be disposed of in a landfill.
- Any hospital, private club, church, school, factory, industrial or manufacturing concern, retail, professional, and wholesale facilities, and any other commercial enterprises offering goods or services to the public.
- The City of Owensville, Missouri.
- Removal of solid waste from the designated pickup location to the transportation vehicle.
- All businesses, factories, stores, service providers, or other similar entities established to offer a service or product not including dwelling units, multi-dwellings, or residences.
- COMMERCIAL SOLID WASTE
- All solid waste generated from a source other than a dwelling unit.
- A controlled biological reduction of organic waste to humus.
- CONSTRUCTION AND DEMOLITION WASTE
- Waste materials from the construction and demolition of residential, industrial, or commercial structures, but shall not include materials defined as clean fill under Section 260.200.1(5), RSMo.
- Such person, firm, or corporation as may be contracted to provide solid waste transportation and disposal for the City.
- A location adjacent to and not more than five (5) feet from any street.
- DISPOSABLE SOLID WASTE CONTAINER
- Disposable plastic bags with a capacity of at least thirty (30) gallons, specifically designed for storage of solid waste.
- DWELLING UNIT
- Any room or group of rooms located within a structure, and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking, and eating. Units of multiple housing facilities may be billed as dwelling units upon request by the owner of said dwelling units.
- All waste and accumulation of animal, fruit, or vegetable matter that attends or results from the preparation, use, handling, cooking, serving, or storage of meats, fish, fowl, fruit, vegetable matter of any nature whatsoever which is subject to decay, putrefaction, and the generation of noxious and offensive gases or odors, or which may serve as breeding or feeding material for flies and other germ carrying insects.
- GARBAGE CANS
- Any light gauge steel, plastic, or galvanized receptacle, closed at one (1) end and open at the other, furnished with a top or lid and two (2) handles and of not more than thirty (30) gallon capacity and not weighing more than seventy-five (75) pounds when full.
- HAZARDOUS WASTE
- Any waste or combination of wastes, as determined by the Commission by rules and regulations, which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a present or potential threat to the health of humans or the environment.
- HEALTH OFFICER
- The appointed public health and restaurant inspector of the City.
- MAJOR APPLIANCES
- Clothes washers and dryers, water heaters, trash compactors, dishwashers, microwave ovens, conventional ovens, ranges, stoves, wood stoves, air-conditioners, refrigerators, and freezers.
- Any building or structure containing two (2) or more contiguous living units and intended exclusively for residential use.
- Any person who, alone or jointly or severally with others, shall be in actual possession of any dwelling unit or of any other improved real property, either as owner or as a tenant.
- Any individual, partnership, corporation, association, institution, City, County, other political subdivision, authority, State agency or institution, or Federal agency or institution.
- PROHIBITED ITEMS
- Items which are eliminated by State law from being disposed of in a solid waste disposal area, including, but not limited to, major appliances, waste oil, lead acid batteries, waste tires, and the like as the same may be now or hereafter defined by State law.
- A detached single-family structure designed or intended for occupancy by one (1) person or by one (1) family. Each mobile home in a non-containerized area shall be deemed a residence and each pad space shall be deemed a single-family structure.
- RESIDENTIAL SOLID WASTE
- Solid waste resulting from the maintenance and operation of dwelling units.
- RESIDENTIAL USER
- Any person, or family unit living in a home, apartment, duplex, mobile home, or other form of private dwelling within the City.
- SOLID WASTE
- All semi-solid and solid waste derived from and during the procurement, storage, processing, cooking and consumption of food materials of animal, vegetable or synthetic origin which are intended for and are used by residents for the refreshment or sustenance of human beings or pets. Solid waste does not include dead animals or unprocessed animal parts. It includes: hard cover books, sawdust, shavings, pieces of cutting, tin cans, tin ware and other metallic items and materials, glassware, crockery, dishes and parts of furniture, fixtures and other household equipment of such weight, dimension, size and shape that they can be handled by one (1) man and all other useless, rejected and cast off matter, except as herein provided, which are produced by and accumulated in households. Solid waste shall not include household hazardous waste such as wet paint, pesticides, strong cleaning agents, tires, auto batteries and combustibles of any kind. Solid waste shall not include infectious waste as defined by State law (Section 260.200, RSMo.). Solid waste shall not include: ashes stored in ash pits, parts of trees, bushes and soil, mortar, plaster, concrete, bricks, stone, gravel, sand and all wasted or leftover materials resulting from grading, excavation, construction, alteration, repair or wrecking of buildings, structures, walls, roofs, roads, streets, walks or other facilities and such items of rubbish whose weight, size, dimension and shape require more than one (1) man for removal; provided, however, that debris resulting from remodeling, repair or reconstruction of any single-family residential dwelling unit by the occupants (not builders) may be removed if properly placed in acceptable containers which containers are not heavier than can be handled by one (1) man.
- SOLID WASTE CONTAINER
- Receptacle used by any person to store solid waste during the interval between solid waste collections, including disposable solid waste containers, bulk containers, and garbage cans.
- SOLID WASTE DISPOSAL
- The process of discarding or getting rid of unwanted material. In particular, the final disposition of solid waste by man.
- SOLID WASTE MANAGEMENT AREA
- A solid waste disposal area which also includes one (1) or more of the functions contained in the definitions of recycling, resource recovery facility, waste tire collection center, waste tire processing facility, waste tire site or solid waste processing facility, excluding incineration.
- SOLID WASTE MANAGEMENT SYSTEM
- The entire process of managing solid waste in a manner which minimizes the generation and subsequent disposal of solid waste, including waste reduction, source separation, collection, storage, transportation, recycling, resource recovery, volume minimization, processing, market development, and disposal of solid wastes.
- Keeping, maintaining or storing solid waste from the time of its production until the time of its collection.
- The transporting of solid waste from the place of collection or processing to a solid waste processing facility or solid waste disposal area.
- WHITE GOODS/APPLIANCES
- Major appliances (as defined by Section 260.200, RSMo.) and any other items that cannot be disposed of at landfills, not including hazardous or infectious waste.
- YARD WASTES
- Leaves, grass clippings, yard and garden vegetation, tree limbs and Christmas trees. The term does not include stumps, roots or shrubs with intact root balls.
Editor's Note: Former Sections 230.010 through 230.090, which derived from R.O. 2010 §§ 230.010 — 230.060, 230.080 — 230.090; 2nd Ser. Ord. No. 281 §§ 1 — 5, 7 — 9, 8-1-1988; 2nd Ser. Ord. No. 387 § 3, 11-16-1992; 2nd Ser. Ord. No. 400 § 1, 4-19-1993, was repealed 7-5-2016 by § 1 of Ord. No. 1222.
[Ord. No. 1222 § 1, 7-5-2016]
The occupant or owner of every dwelling unit and of every institutional, commercial or business, industrial or agricultural establishment producing solid waste within the City shall obtain or provide sufficient and adequate containers for the storage of all solid waste, except bulky goods/furniture, white goods/appliances, and demolition and construction waste, to serve each such dwelling unit and/or establishment. Such solid waste containers shall be maintained at all times in good repair.
The occupant or owner of every dwelling unit and of every institutional, commercial, industrial, agricultural, or business establishment shall place all solid waste to be collected in proper solid waste containers, except as otherwise provided herein, and shall maintain such solid waste containers and the area surrounding them in a clean, neat, and sanitary condition at all times.
Residential solid waste shall be stored in containers of not more than ninety-six (96) gallons nor less than twenty (20) gallons in nominal capacity. All containers shall be leakproof, waterproof, and fitted with a fly-tight lid and shall be properly covered or closed at all times except when depositing waste therein or removing the contents thereof. Garbage cans and bulk containers shall have handles, bails or other suitable lifting devices or features. Residential users may store their containers outdoors so long as the containers are located at the ground level to the side or to the rear and immediately adjacent to the dwelling, and not in front of the property's building line.
Commercial solid waste shall be stored in solid waste containers as approved by the City Administrator. Containers shall be waterproof, leakproof, and shall be covered at all times except when depositing waste therein or removing the contents thereof.
Yard wastes shall be stored in containers, or bags designed to hold yard wastes, so constructed and maintained as to prevent the dispersal of wastes placed therein upon the premises served, upon adjacent premises, or upon adjacent public rights-of-way. The weight of any individual container and contents shall not exceed seventy (75) pounds. All containers or bags holding yard wastes shall be placed at the ground level to the side or to the rear and immediately adjacent to the dwelling.
Solid waste containers or bags which are not approved will be collected together with their contents and discarded.
[Ord. No. 1222 § 1, 7-5-2016; Ord. No. 1230 § 1, 10-3-2016]
The City shall provide for the collection of solid waste as follows:
Collection Of Residential Solid Waste. The City shall provide for the collection of residential solid waste in the City, provided, however, that the City may provide the collection service by contracting with a person, firm, County, or other City or a combination thereof, for the entire City or portions thereof, as deemed to be in the best interests of the City.
Other Collections. The City may, at its discretion, provide commercial solid waste collection services upon specific application of the owners or persons in charge thereof. However, in the event that such application is not made or approved, it shall be the duty of such establishment to provide for collection of all solid waste produced upon any such premises in a manner approved by City. Should the City decide to provide commercial solid waste collection service, the provisions herein concerning such service shall apply.
All solid waste from premises to which collection services are provided under contract with the City shall become the property of the contractor upon being loaded into the transportation equipment.
Solid waste containers as required by this Chapter for the storage of residential solid waste shall be placed by 6:00 A.M. on the day of collection at the appropriate location for collection but shall not be so placed until after 6:00 P.M. on the day before the regularly scheduled collection day. Containers shall be removed from the curb no later than 9:00 P.M. on the day of collection.
Individuals desiring the collection of bulky goods/furniture or white goods/appliances shall obtain such services directly with those licensed by the City for the collection of the same.
It shall be the responsibility of the occupants of each dwelling unit to prepare, package, and deliver yard wastes to the curbside for collection as prescribed in this Chapter and as it may be amended from time to time.
It shall be the responsibility of each commercial, industrial, institutional, or other non-residential generator of solid waste to prepare, package, and store solid waste so generated as prescribed by this Chapter and as it may be amended from time to time.
It shall be the responsibility of every solid waste collector to comply with the provisions of this Chapter with respect to the collecting and transporting of solid waste in a manner consistent with the provisions of this Chapter and all other applicable Federal, State and local laws and regulations.
The following collection frequencies shall apply to collections of solid waste within the City. All residential solid waste, other than bulky goods/furniture and white goods/appliances, shall be collected at least once weekly. All commercial solid waste shall be collected once weekly, and shall be collected at such lesser intervals as may be fixed by the Board upon a determination that such lesser intervals are sufficient for the preservation of the health, safety and welfare of the public.
Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall remain in the location from which they are to be serviced except while being serviced.
All solid waste collectors operating under contract with the City or otherwise collecting solid waste within the City limits shall be responsible for the collected solid waste from the point of collection to the point of disposal provided the solid waste was stored in compliance with the applicable Sections of this Chapter. Any spillage or blowing litter caused as a result of the duties of the solid waste collector shall be collected and placed in the transportation vehicle by the solid waste collector.
It shall be unlawful for any person, firm, or corporation collecting and disposing of rubbish, garbage, or waste material from premises in the residential districts or premises in any commercial district which abuts or adjoins a residential district in the City to make such collection or dispose of rubbish, garbage or waste materials between the hours of 9:00 P.M. and 6:00 A.M.
[Ord. No. 1222 § 1, 7-5-2016]
All transportation vehicles shall be maintained in a safe, clean, and sanitary condition, and shall be so constructed, maintained, and operated as to prevent spillage of solid waste therefrom. All transportation vehicles shall be constructed with water-tight bodies with covers which shall be an integral part of the vehicle or shall be a separate cover of suitable material with fasteners designed to secure all sides of the cover to the vehicle and shall be secured whenever the vehicle is transporting solid waste, or, as an alternate, the entire bodies thereof shall be enclosed, with only loading hoppers exposed. No solid waste shall be transported in the loading hoppers. The outer surface of the vehicle shall be sufficiently clean in order to preserve an acceptable appearance to the City.
Permits shall not be required for the removal, hauling or disposal of earth and rock material from grading or excavation activities. All such material shall be conveyed in leakproof vehicles, trucks, or receptacles so constructed and maintained so that none of the material being transported shall spill upon the public rights-of-way.
Demolition and construction wastes shall be transported to a disposal area as provided in Section 230.050. A permit shall not be required for the hauling of demolition and construction waste. All such material shall be conveyed in leakproof vehicles, trucks, or receptacles so constructed and maintained so that none of the material being transported shall spill upon the public rights-of-way.
[Ord. No. 1222 § 1, 7-5-2016]
Solid wastes shall be deposited at a processing facility or disposal area approved by the City and complying with all requirements of the Missouri Solid Waste Management Law, Chapter 260, RSMo., and the rules and regulations adopted thereunder, and all other applicable Federal, State and local laws and regulations. The City may designate the processing or disposal facility to be utilized by persons holding permits under this Chapter.
The City may classify certain wastes as hazardous wastes which will require special handling and shall be discarded only in a manner acceptable to the City which will meet all local, State, and Federal laws and regulations.
[Ord. No. 1222 § 1, 7-5-2016]
No person, including any person contracting with the City for the collection of solid waste, shall engage in the business of collecting or transporting solid waste within the corporate limits of the City without first obtaining an annual permit therefor from the City; provided, however, that this provision shall not be deemed to apply to employees of the holder of any such permit.
No such permit shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the City evidence of a satisfactory public liability insurance policy, covering all operations of such applicant pertaining to such business and all vehicles to be operated in the conduct thereof, in the amount of not less than one million dollars ($1,000,000.00) for each occurrence, not less than two million dollars ($2,000,000.00) aggregate and not less than two million dollars ($2,000,000.00) umbrella liability. Should any such policy be canceled, the City shall be notified of such cancellation by the insurance carrier in writing not less than ten (10) days prior to the effective date of such cancellation and provisions to that effect shall be incorporated in such policy. Any subcontractor shall provide insurance coverage in like amount as is required of the contractor.
If the application shows that the applicant will collect and transport solid wastes without harming the public health, safety and welfare or damaging the environment and is in conformity with all applicable Federal, State and local laws and regulations, including, but not limited to, this Chapter and is approved by the City, the City Clerk shall, upon receiving the City Administrator's written approval of application, issue the permit authorized by the ordinance. The permit shall be issued for a period of one (1) year, and each applicant shall pay a fee as determined in Chapter 605 of the City Code. If, in the opinion of the City Administrator, modifications can be made to the application regarding service, equipment, or mode of operation, so as to allow the applicant to collect and transport solid wastes in a manner that does not harm the public health, safety and welfare or damage the environment, the City Administrator shall notify the applicant in writing setting forth the modification to be made and time in which it shall be done. If the applicant makes such modifications, then a permit shall be issued.
If the applicant does not make the modifications pursuant to the notice in Subsection (C) hereof within the time limit specified therein, or if the application does not clearly show that the collection or transportation of solid wastes will not create a public health hazard or be without harmful effects on the environment, the application shall be denied and the applicant notified by the City Administrator, in writing, stating the reason for such denial. Nothing in this Section shall prejudice the right of the applicant to re-apply after the rejection of his/her application, provided that all aspects of the reapplication comply with the provisions of this Chapter.
In order to ensure compliance with all applicable Federal, State and local laws and regulations, including, but not limited to, this Chapter, the City Administrator is authorized to inspect all phases of solid waste management within the City. No inspection shall be made of any residential waste unit unless authorized by the occupant or by due process of law. In all instances where such inspections reveal a violation of this Chapter concerning processing or disposal of solid waste or the laws of the State of Missouri, the City shall issue notice for such violation stating therein the violation or violations found, the time, and date and the corrective measure to be taken together with the time in which such corrections shall be made.
In all cases, when the corrective measures have not been taken within the time specified, the City shall suspend or revoke the permit or permits involved in the violation, however, in those cases where an extension of time will permit correction and there is not a public health hazard created by the delay, one (1) extension of time not to exceed the original time period may be given.
Any person who feels aggrieved by any notice of violation or order issued pursuant thereto of the City Administrator may within thirty (30) days of the act for which redress is sought appeal directly to the Circuit Court of Gasconade County.
[Ord. No. 1222 § 1, 7-5-2016; Ord. No. 1230 § 2, 10-3-2016]
It shall be unlawful for any person to:
Deposit solid waste in any solid waste container other than his/her own without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge hereinafter provided for solid waste collection or yard waste and disposal.
Interfere in any manner with solid waste collection and transportation equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors shall be those of the City, those of a solid waste collection agency operating under contract with the City, or any duly licensed collector.
Dispose of solid waste at any facility or location which is not approved by the City and the Missouri Division of Health.
Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the appropriate air pollution control agency.
Engage in the business of collecting, transporting, processing or disposing of solid waste within the corporate limits of the City without a permit from the City, or operate under an expired permit, or operate after a permit has been suspended or revoked.
Whenever the City provides for refuse collection and removal services from residences by contract with a private or public entity or agency, it shall be unlawful for any property owner or occupant to allow any service provider other than the City's contracted service provider to collect and transport the solid waste from the residence.
[Ord. No. 1222 § 1, 7-5-2016]
The City may require performance or payment bonds of any solid waste collection agency prior to issuing permits to so operate.
[Ord. No. 1222 § 1, 7-5-2016]
Every owner and occupant of property located within the City has a responsibility and obligation to ensure that the property that they own and/or occupy is in compliance with the provisions of this Chapter.